Eaton v. . Alger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming judgment entered upon verdict in favor of plaintiffs.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming judgment entered upon verdict in favor of plaintiffs. This is an action upon a promissory note made by the defendant, John P. Alger, and indorsed by Wilks S. Alger, since deceased, to one Ira M. Clark, for the sum of $629.76. The action was originally brought by Josiah Eaton, who having died pending the action, it was duly revived in the name of his personal representatives. The defendants put in separate answers, substantially alleging that the note was void for usury, and also that the…
1Opinion of the CourtPeckham, J.
This cause has been three times tried at the circuit, and this is its second appearance in this court. The appellants’ counsel now strenuously insists that the late Court of Appeals erred generally in its disposition of the case, and he seeks to have the whole matter reviewed by this court. We have no disposition to review a question in the same case once deliberately decided. Self-respect, as well as a regard for the just influence of this court upon the public, alike forbid it. I do not intend to say that a case cannot possibly arise where this court would modify or reverse its decision.…
2Cases cited2 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Eaton v. AlgerNew York Court of Appeals · 1865
3Cited by27 opinions
- Hays v. . HathornNew York Court of Appeals · 1878
- Foley v. RocheAppellate Division of the Supreme Court of the State of New York · 1982
- Illinois Central Ry. v. HicklinCourt of Appeals of Kentucky · 1909
- Indian River State Bank v. Hartford Fire InsuranceSupreme Court of Florida · 1903
- Stilwell v. CarpenterNew York Court of Appeals · 1875
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